Open thread: Mandate-mas III, the Finale; Update: Stolen Valor Act struck down; Update: CNN says mandate struck down; Update: AP reports that mandate upheld; Update: Confirmed upheld, 5-4; Update: Kennedy wanted to strike entire law

posted at 8:41 am on June 28, 2012 by Ed Morrissey

Why not get this party started early?  The decision won’t get announced until 10 am ET, about the same time that the House will come to order this morning to consider whether to hold the Attorney General in contempt over his refusal to abide by a subpoena from the Oversight Committee.  Take your pick of historic events, in other words, and try to predict which will be more memorable in the end.  John Podhoretz had a thought about that last night on Twitter:

So what’s the skinny on the decision?  Last night, Intrade had 72.8% betting that the individual mandate was a goner:

With the Supreme Court set to make its ruling on Obamacare on Thursday, the prediction market on Intrade has placed its bet, reporting there is a high probability that the individual mandate will be struck down.

As of Wednesday night, “the world’s leading prediction market” reports there is a 72.8 percent chance the individual mandate will be ruled unconstitutional — a ruling that would deliver a devastating blow to the Obama administration.

If I was a betting man, I’d probably go the same way.  I think there’s still a decent chance that the court might uphold it, but a slightly better chance that the whole thing will get tossed, more out of convenience than anything else, but the mandate will still be the key.

Of course, if that happens, be prepared for a full-court meltdown among the Left, where the argument has already arisen that the Roberts Court is the Most Activististist Court Evah, with Jeffrey Toobin and (Politico’s) Roger Simon leading the way.  Gabriel Malor demolished this argument on Twitter yesterday, and he compiled his rebuttal into a blog post this morning:

Here’s the data on the first five years of the Roberts Court (gleaned from this NYTimes infographic):

(1) The Warren, Burger, and Rehnquist Courts overturned precedent decisions at an average rate of 2.7, 2.8 and 2.4 per term, respectively. By contrast, the Roberts Court overturned precedent only at an average rate of 1.6 per term.(2) The Warren, Burger, and Rehnquist Courts overturned laws at an average rate of 7.9, 12.5, and 6.2 laws per term. By contrast, the Roberts Court struck down laws only 3 laws per term.

Just three laws per term! Far, far from being “eager” to overturn legislatures, as hack Toobin dribbled, and obviously, indisputably playing no unusual role in “second-guessing laws,” as Fallows alarmingly squeaked, the Roberts Court has been a model of restraint. Restraint is, naturally, one of Chief Justice Roberts’ well-known characteristics and it was remarked upon during his confirmation hearings. One could even creditably call the Roberts Court the most restrained, incrementalist Court of the modern era. (I assure you, these numbers have not changed appreciably in the past two years.)

Again, that assumes that the Roberts Court overturns ObamaCare, in whole or in part.  Will the Right melt down if they don’t?  Er …

Beginning at 8:45 am ET, a few minutes earlier than usual, SCOTUSBlog will start its live blogging at this link, which is where most of us will find out what happened.  I’ll be updating this post as we go along, so check back here frequently.

Update: Don’t forget that there are two other cases on the docket that will get decided today, one of which is the Stolen Valor case.  Can Congress make it a crime to lie about military service, or does the First Amendment cover that as protected speech?  We will soon find out.

Update II: Yes, the circus has arrived.  Jeff Quinton posted this picture of Belly Dancers for Single Payer on his Twitter feed:

Because nothing says, “Take me seriously on health care” like belly dancing.

Update: Not going to number updates here.  Stolen Valor act struck down as unconstitutional 6-3, with Kennedy writing for majority.  Congress may be able to rewrite it, though, according to SCOTUSblog’s interpretation of decision.  Here’s the opinion.

Update: Next case, First American, was dismissed.

Update: CNN reports mandate struck down …  developing …

Update: AP reports mandate upheld as a tax, but clearly there is a lot of confusion on this point.

Update: SCOTUSblog reports that Roberts says mandate is constitutional.

Update: Yup, the court upheld the mandate as a tax, not as part of a Commerce Clause jurisdiction.  They narrowed the Medicaid expansion, but it looks like the bill will survive mainly intact.  CNN may be the biggest loser today.

Update: On Twitter, astonishment from conservatives that Kennedy voted to kill the mandate and Roberts voted to uphold it.  I tweeted this in response:

It helps to laugh a little, people.

Update: Kennedy wanted to strike the entire act, according to SCOTUSBlog: “In our view, the entire Act before us is invalid in its entirety.”


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Does anyone have a good recipe for squash casserole?

docflash on June 28, 2012 at 8:51 AM

I do.

Or, was this a joke that I didn’t understand. I’m a bit slow this morning. (I got up too early and the coffee is not working.)

Fallon on June 28, 2012 at 9:17 AM

Whatever the decision is announced, SOMEONE please capture the face of Nancy Pelosi the moment she hears what it is if at all possible…and post a link to that photo here. Anyone.

Lourdes on June 28, 2012 at 9:17 AM

Don Grady, ‘My Three Sons’ star, dies at 68 – @peoplemag
Submitted 2 mins ago from http://www.people.com by editor

http://www.people.com/people/article/0,,20607638,00.html

canopfor on June 28, 2012 at 9:09 AM

Yeah I hear ya….I wept when Fred MacMurray passed…s/c

ToddPA on June 28, 2012 at 9:18 AM

9:16

Tom:
100,000 live blog readers.

canopfor on June 28, 2012 at 9:18 AM

Flora Duh on June 28, 2012 at 8:42 AM

I am in awe. Fora Duh… that was very nice! Thank you!

dominigan on June 28, 2012 at 9:18 AM

Since the party has moved…

“So, do you want to go out, or just skip to the part where you hate me and wish I were dead?”

:)

Axe on June 28, 2012 at 8:39 AM

Reminds me of this exchange that I once had with a toff, who strutted up to me in a club, put his elbow on the bar, hand under his chin, looked at me with bedroom eyes under his moppy bangs, and said:

He: “How would you like your eggs in the morning?”

Me: “Unfertilised.”

LMFAO!

(If anyone is interested in the origins of this convo, see the song:

Final Thoughts Before The Big Moment … Or, The Opening Shot Across The Bow In The Next Battle With Progressives

M2RB: Mayday Parade)

Resist We Much on June 28, 2012 at 9:18 AM

The TOTUS is ready.

J_Crater on June 28, 2012 at 9:14 AM

Maybe we’ll get lucky and the Teleprompter loaded with 3 speeches will melt down like HAL 9000 and sing Daisy instead?

viking01 on June 28, 2012 at 9:18 AM

Can you be specific?

Dante on June 28, 2012 at 9:07 AM

Arizona tried to “nullify” the non-enforcement of immigration law. The same SCOTUS that we’re counting on to drive the wooden stake through PlaceboCare knocked that for a loop the other day.

Steve Eggleston on June 28, 2012 at 9:18 AM

Morning Twerp……..;)

angrymike on June 28, 2012 at 9:18 AM

canopfor on June 28, 2012 at 9:09 AM

Yeah I hear ya….I wept when Fred MacMurray passed…s/c

ToddPA on June 28, 2012 at 9:18 AM

ToddPA:I watched it,I was real young then!

canopfor on June 28, 2012 at 9:18 AM

If only there were this level of outrage over the Patriot Act and TSA.

Dante on June 28, 2012 at 9:19 AM

In 2014, Obamacare establishes a Health Insurance Provider Fee. It imposes an annual, non-deductible fee on the health insurance sector allocated across the industry according to market share.

kingsjester on June 28, 2012 at 9:19 AM

Arizona tried to “nullify” the non-enforcement of immigration law. The same SCOTUS that we’re counting on to drive the wooden stake through PlaceboCare knocked that for a loop the other day.

Steve Eggleston on June 28, 2012 at 9:18 AM

No they didn’t. That wasn’t nullification.

Dante on June 28, 2012 at 9:19 AM

I am trying to look busy at work….

Electrongod on June 28, 2012 at 9:10 AM

Same here…

PatriotRider on June 28, 2012 at 9:19 AM

“Don Grady, ‘My Three Sons’ star, dies at 68 –”

Did he play Chip or Ernie?

tommyboy on June 28, 2012 at 9:20 AM

listens2glenn on June 28, 2012 at 9:05 AM

.
Ronaldus Maximum might have rightfully been (and still is) the right’s hero but I could definitely live without the amnesty and the spending he presided over. He opened the floodgate of Hell that we now live in.

Archivarix on June 28, 2012 at 9:11 AM

.
(MEGA MULTIPLE EXPLETIVES DELETED)
.
.
.
That was “Tip” O’Neill, Archivarix.

Reagan had compromise “shoved down his throat”.

listens2glenn on June 28, 2012 at 9:20 AM

Opiniou could be Per Curiam either way. Maybe they don’t want credit? Not a good sign.

txmomof6 on June 28, 2012 at 9:20 AM

That fought with us upon Saint Crispin’s day.

Lourdes on June 28, 2012 at 9:13 AM

Well played, sir!

I had to recite that during St. Barbara’s dinner (an Artillery-Officer’s dinner), when I was a freshly-made butter-bar. Let me tell you, nothing says scared shyte-less than having to recite that, as a little LT, in front of a bunch of senior officers.

It turned out awesome, though… Tears/beers/cheers were had all around.

DAYAM! I feel much better than last night!

LtGenRob on June 28, 2012 at 9:20 AM

Don Grady, ‘My Three Sons’ star, dies at 68 – @peoplemag
Submitted 2 mins ago from http://www.people.com by editor

http://www.people.com/people/article/0,,20607638,00.html

canopfor on June 28, 2012 at 9:09 AM

My Ma’s 68. Wow.

annoyinglittletwerp on June 28, 2012 at 9:20 AM

Arizona tried to “nullify” the non-enforcement of immigration law. The same SCOTUS that we’re counting on to drive the wooden stake through PlaceboCare knocked that for a loop the other day.

Steve Eggleston on June 28, 2012 at 9:18 AM

“State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.”

Here, this will help you out.

Dante on June 28, 2012 at 9:20 AM

Let’s do this.

laurakbarr on June 28, 2012 at 9:21 AM

I am trying to look busy at work….

Electrongod on June 28, 2012 at 9:10 AM

Same here…

PatriotRider on June 28, 2012 at 9:19 AM

Thankfully I have a lot of practice at that.

Lost in Jersey on June 28, 2012 at 9:21 AM

SOMEONE please capture the face of Nancy Pelosi the moment she hears what it is if at all possible

and SOMEONE please drag a very very large wood chipper up the congress and demand nancy fork over that big gavel….

mittens on June 28, 2012 at 9:21 AM

Same here patriot reader

cmsinaz on June 28, 2012 at 9:21 AM

That was “Tip” O’Neill, Archivarix.

Reagan had compromise “shoved down his throat”.

listens2glenn on June 28, 2012 at 9:20 AM

I wouldn’t have expected any other response.

Dante on June 28, 2012 at 9:21 AM

Resist@9:18
ROFLMAO

angrymike on June 28, 2012 at 9:22 AM

If Obamacare stands, why should I believe there is such a thing as the United States? IF it stands, why do I think I have 4th amendment protections? Why do I think I have 1st Amendment protections? If this stands, then anything in the constitution can be twisted around and ignored by the government as needed to subjugate us to it’s authority.

If it stands, there is nothing protecting the people at all. We are officially all sheep owned in full by our government masters.

WashingtonsWake on June 28, 2012 at 9:22 AM

No… Bunny!

annoyinglittletwerp on June 28, 2012 at 9:17 AM

Aye! No Bunny shall be our desire, and NO BUNNY our warcry! RAAAAAAAAAA!

Abby Adams on June 28, 2012 at 9:22 AM

It’s hard not to think O-care is going down when the entire Left is just going nuts all around you. I feel like I’m being set up…

Weight of Glory on June 28, 2012 at 9:22 AM

No matter what, we have to keep fighting. If this travesty of a bill is upheld, we need to elect as many people as possible who will overturn it. If the bill is thrown out, they will just try again and again to bring it back, through legal means or otherwise (I hate to disagree with Ed, but I do think President Obama is arrogant enough to try to enact the entire thing through Executive Orders. Heaven only knows the media would support him in such an effort.)

Hopefully we’ll have something to celebrate in about an hour. But we’ve still got a lot more work left to do no matter what.

Shadow on June 28, 2012 at 9:22 AM

If only there were this level of outrage over the Patriot Act and TSA.

Dante on June 28, 2012 at 9:19 AM

What the sam hill is your favorite drink out there–a shot of Massengil with a vinegar-and-water chaser?

Liam on June 28, 2012 at 9:23 AM

Funny how this branch of government has no leaks….

Little Boomer on June 28, 2012 at 9:23 AM

Sen. John Barrasso (R-WY) just on Fox and made a sober, calm statement about what the GOP “will do” regardless of what the decision is.

If it all stands, the GOP (so said Barrasso) “will repeal it”…

If part of it stands, the GOP will repeal what remains…

…and REPLACE IT with individual, legislative solutions that include ‘individuals being able to get treatment from their doctor’ (he then said, “the doctor they chose, not one who the government tells them to use”).

Lourdes on June 28, 2012 at 9:23 AM

I am trying to look busy at work….

Electrongod on June 28, 2012 at 9:10 AM

Fortunately I’m the boss so my feet are up on the desk. I don’t need to look busy.

Bishop on June 28, 2012 at 9:23 AM

Morning Twerp……..;)

angrymike on June 28, 2012 at 9:18 AM

Mornin’! I leave for work @ 1030 CST and Spawn leaves in an hour. We sooo want to be able to gloat today @ work.

annoyinglittletwerp on June 28, 2012 at 9:23 AM

mittens
how bout we demand Nan, throw it in the chipper ……….;)

angrymike on June 28, 2012 at 9:23 AM

Rixon on June 28, 2012 at 9:19 AM | Delete

Well done, sir.

Weight of Glory on June 28, 2012 at 9:23 AM

Ginsburg wants to retire at age Brandeis did, 82, which would put her in 2014. Supposedly.

txmomof6 on June 28, 2012 at 9:24 AM

“State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.”

Here, this will help you out.

Dante on June 28, 2012 at 9:20 AM

I know that. The Arizona case was the mirror image of a state attempting to enforce a constitutional federal law the federal executive refused to enforce.

In the ObamiNation, neither is tolerated.

Steve Eggleston on June 28, 2012 at 9:24 AM

@ angrymike – fine!

making me do stuff and stuff :(

Slade73 on June 28, 2012 at 9:24 AM

listens2glenn on June 28, 2012 at 9:20 AM

.
I wouldn’t have expected any other response.

Dante on June 28, 2012 at 9:21 AM

.
Your expectations are irrelevant.

Try explaining how it’s inaccurate or misleading.

listens2glenn on June 28, 2012 at 9:25 AM

If it is upheld, I wonder if Obama will be as fast with the EO’s as he was in telling Arizona to drop dead on Monday?

GeorgiaBuckeye on June 28, 2012 at 9:25 AM

Flash: TOTUS has been arrested

faraway on June 28, 2012 at 9:25 AM

I’m all alone, re-imaging netbooks in a school library. Nobody in here but me and the housekeeping staff. No need to look busy for now

Sekhmet on June 28, 2012 at 9:25 AM

ALT
I am hoping we can ALL gloat…….. I tried to sign up for daily Kos, I have to wait 24 hours…;(

angrymike on June 28, 2012 at 9:25 AM

ToddPA:I watched it,I was real young then!

canopfor on June 28, 2012 at 9:18 AM

Same here. I can still remember the theme song…but
I was very young.

ToddPA on June 28, 2012 at 9:25 AM

What the sam hill is your favorite drink out there–

Liam on June 28, 2012 at 9:23 AM

Liberty

Dante on June 28, 2012 at 9:26 AM

and SOMEONE please drag a very very large wood chipper up the congress and demand nancy fork over that big gavel….

mittens on June 28, 2012 at 9:21 AM

http://www.bing.com/videos/search?q=boehner+hitting+pelosi+with+gavel&mid=4D829556BEA01E0FFE084D829556BEA01E0FFE08&view=detail&FORM=VIRE7

Bishop on June 28, 2012 at 9:26 AM

Both of the other cases decided today have far reaching implications either way they are decided. Big day at the court even without Obamacare.

txmomof6 on June 28, 2012 at 9:26 AM

Slade
thanks…..;)

angrymike on June 28, 2012 at 9:26 AM

Liberty

Dante on June 28, 2012 at 9:26 AM

And ours isn’t?

annoyinglittletwerp on June 28, 2012 at 9:27 AM

I know that. The Arizona case was the mirror image of a state attempting to enforce a constitutional federal law the federal executive refused to enforce.

In the ObamiNation, neither is tolerated.

Steve Eggleston on June 28, 2012 at 9:24 AM

If you knew that, then why did you respond the way you did? Your example was not related to nullification at all.

Dante on June 28, 2012 at 9:27 AM

9:08

Tom:
70,000 live blog readers currently. My best bet is 250,000 at the time of the decision. 1 million hits on the blog today.
============================================================

WOW!!!

canopfor on June 28, 2012 at 9:12 AM

The bandwidth strain will be compared to the great liberal meltdown when Al Gore conceded to Bush. Stock in anti-depressants will soar…………and Nancy Pelosi will again say, “ARE YOU SERIOUS”?

Rovin on June 28, 2012 at 9:27 AM

Fun-Gool! My kishkes are twisted in knots over this!!

Rixon on June 28, 2012 at 9:27 AM

… intermission.

When you are going to the bathroom, don’t forget to buy snacks!

__________ Axe sync line ____________

Axe on June 28, 2012 at 9:27 AM

And ours isn’t?

annoyinglittletwerp on June 28, 2012 at 9:27 AM

I don’t know who you’re including in “ours,” but for you, no.

Dante on June 28, 2012 at 9:27 AM

in 2014, Obamacare will be establishing Health Insurance Exchanges. Opens Health Insurance Exchanges in each State to individuals and small employers. Local hack politicians are lining up for jobs right now.

kingsjester on June 28, 2012 at 9:27 AM

If it is upheld struck down, I wonder if Obama will be as fast with the EO’s as he was in telling Arizona to drop dead on Monday?

GeorgiaBuckeye on June 28, 2012 at 9:25 AM

GeorgiaBuckeye on June 28, 2012 at 9:28 AM

The main theme had a sax on the melody with the piano playing “Chopsticks” in some weird syncopated rhythm.

Little Boomer on June 28, 2012 at 9:28 AM

Liberty

Dante on June 28, 2012 at 9:26 AM

I’ll drink to that! ~pours us some Chivas~

Liam on June 28, 2012 at 9:28 AM

If Obamacare is upheld the key phrase in the opinion will not be commerce clause. It will be compelling state interest. That is the phrase that has assaulted our rights and liberties. It did so in Kelo and it may do so here. And that phrase is not found in the Constitution.

xkaydet65 on June 28, 2012 at 9:28 AM

HAHAHAHAHAHAHA….

I watch in mirth as the Romneybot Squishtards hope that the Roberts Court bails Governor Marmalarde out of his fix.

When the Court upholds Obamacare in full, don’t say that we Movement Cons didn’t warn you. Remember, we depended on the Rehnquist Court, the Rehnquist Court, to uphold Free Speech during the Campaign Finance Reform debacle.

Remember, it’s always darkest before it turns really, really black.

victor82 on June 28, 2012 at 9:28 AM

To all my HA friends: I don’t “talk” much, but I “listen” to the conversations here faithfully. I am more informed about these issues than any of my much better educated friends. I keep my husband up to speed on this stuff and many times it becomes mainstream after. I like the fact that we’re exposed to the point of view of the other side. We might see it as non-sense, but it’s always a good idea to see what they’re thinking. So, on this white knuckle, catch your breath, take a deep seat day, thanks for being here to keep me company!

tj4osu on June 28, 2012 at 9:28 AM

30 minutes of freedom.

Go outside and breathe the free air.

PappyD61 on June 28, 2012 at 9:28 AM

Lourdes on June 28, 2012 at 9:13 AM

I posted that!

Still, congratulations on being brilliant.

Axe on June 28, 2012 at 9:16 AM

I haven’t read earlier comments up to/before 9:13, sorry if you’d already posted it, was on my mind so congratulations to you, too. It’s quite the moment, isn’t it, befitting to this time.

Lourdes on June 28, 2012 at 9:29 AM

how bout we demand Nan, throw it in the chipper ……….;)
angrymike

along with that lavender power suit she wore while rubbing her crazy power mongering in our faces…

mittens on June 28, 2012 at 9:29 AM

It’s 10:30pm where I am and I’m playing guitar. If this goes our way, I think I’ll give We Are The Champions a try. Wait, is that considered spiking the ball?

Dongemaharu on June 28, 2012 at 9:29 AM

SCOTUSblog is already at 140,000. They’re about to beat MSNBC!

Weight of Glory on June 28, 2012 at 9:29 AM

Good morning everyone.

I mostly lurk since I’m so busy with school, but I had to participate today…at least until it’s time to leave for class.

I have butterflies! I’m hoping that ALL of Obamacare gets overturned.

As for Holder, I am currently working on an essay about FnF for my comp class. If ever someone needs to be held accountable for this complete and utter f-up, it’s Holder and the powers that were at Phoenix ATF. Just reading Issa’s hearing reports made me angry to the point of tears. We will be dealing with the fall out from this for ages because of all of the weapons that are still missing. My fiancé is a cop here in Houston…I don’t know what I would do if he were killed or injured but if it was by a weapon that our government purposefully supplied to the drug cartels I don’t think that I would be able to contain my self.

Gettycorn on June 28, 2012 at 9:30 AM

30 minutes of freedom.

Go outside and breathe the free air.

PappyD61 on June 28, 2012 at 9:28 AM

Good advice. I’m going to go play golf. I’ll be back in a few hours to commiserate/celebrate.

Check back with ya later fellas!

fossten on June 28, 2012 at 9:30 AM

Vyce on June 28, 2012 at 9:17 AM

Good to know. All I can tell you is that I am on highest alert because I think there are zombie politicos out there wandering the hallways of government buildings everywhere, seeking to provide me with helpful advice and commands.

MTF on June 28, 2012 at 9:30 AM

Let’s do this.

laurakbarr on June 28, 2012 at 9:21 AM

Shades of Gary Gilmour, 1977…..

ToddPA on June 28, 2012 at 9:30 AM

ughhhhhhhh…… have to work…… keep chanting….praying….

mittens on June 28, 2012 at 9:30 AM

Fortunately I’m the boss so my feet are up on the desk. I don’t need to look busy.

Bishop on June 28, 2012 at 9:23 AM

Cool..

Electrongod on June 28, 2012 at 9:30 AM

My bet is there won’t be a majority opinion. There will be a pluraltiy opinion and at least one concurring opinion. And at least one dissenting opinion.

tommyboy on June 28, 2012 at 9:31 AM

If only there were this level of outrage over the Patriot Act and TSA.

Dante on June 28, 2012 at 9:19 AM

Um, hello? This blog has been pounding the TSA constantly, and I believe Hot Air criticized it even during the Bush years.

Doomberg on June 28, 2012 at 9:31 AM

I think my drink of choice today will be PGA.

viking01 on June 28, 2012 at 9:31 AM

Will Zero proclaim an EO releasing Holder from contempt ?
Hey, we all know he’s CRAZY !!
;-)

pambi on June 28, 2012 at 9:32 AM

Reagan had compromise “shoved down his throat”.

listens2glenn on June 28, 2012 at 9:20 AM

“I am not worried about the deficit. It is big enough to take care of itself.” –Ronald Reagan

Is this a quote from a person who had deficit spending “shoved down his throat”? Get me right, I have profound respect for a politician with charisma and willpower to rally the right for the first time in history, but he was no angel and did his share of grave mistakes.

Archivarix on June 28, 2012 at 9:32 AM

Just think, we are just 30 mins away from either establishing the Constitution as a document of freedom, or a document whereby the government can force you to buy stuff you don’t want to. 30 mins…

Weight of Glory on June 28, 2012 at 9:32 AM

AS SOON AS THE DECISION IS ANNOUNCED, I think it’s reasonable to suggest that Obama is going to appear (in word or person) and announce some additional, outrageous “order” that defies the Constitution and assigns the Court and decision to some sort of gulag.

Just wait, he’s been pouting and glowering for a while now, I’m sure he, Axelrod, Jarret, the wife and all the rest have been stewing up some further attack on the USA. It’ll be bitter, nasty, cowardly, mean and anticonstitutional and he won’t care.

Lourdes on June 28, 2012 at 9:32 AM

Welcome Gettycorn

angrymike on June 28, 2012 at 9:33 AM

I”m pulling out me lucky charm,

my 8 Gold Star imprinted Blue Cap,I think its Navy!!

canopfor on June 28, 2012 at 9:33 AM

CNN & MSNBC have rolled out every communication breakdown surrogate on the morning circuit. Hell they managed to get Scarborough to agree with them. The liberal conundrum of the stupid Americans syndrome bites again. Believe I heard how ‘Americans love’ children’s ability to free load until 26 and the pre-existing condition clause 20 times this morning. To steal from Byron York- what a shame team Obama didn’t pass a 2 page healthcare bill that gave kids the ability to free load until 26 and a pre-existing clause??

drivingtheview on June 28, 2012 at 9:33 AM

If you knew that, then why did you respond the way you did? Your example was not related to nullification at all.

Dante on June 28, 2012 at 9:27 AM

Most-recent example that is close enough for government work. After all, we are dealing with government here.

Steve Eggleston on June 28, 2012 at 9:33 AM

Um, hello? This blog has been pounding the TSA constantly, and I believe Hot Air criticized it even during the Bush years.

Doomberg on June 28, 2012 at 9:31 AM

I’ve yet to see this blog call into question the Consitutionality of the TSA. In fact, Jazz was cheerleading the idea that he could pay $100 to forfeit his rights even further and go through some preferred line.

Dante on June 28, 2012 at 9:33 AM

Just think, we are just 30 mins away from either establishing the Constitution as a document of freedom, or a document whereby the government can force you to buy stuff you don’t want to. 30 mins…

Weight of Glory on June 28, 2012 at 9:32 AM

Indeed. There are either limits to the federal gov’ts power, or there aren’t…this decision is huge.

changer1701 on June 28, 2012 at 9:33 AM

A key date for Hotair readers. The Constitution was Ratified June 21, 1788. It has been 224 years and one week (approx~) since then. And today will mark either the end of the Republic or its continued existence.

nobar on June 28, 2012 at 9:34 AM

all I’ve got to say is this IS a big F’n deal

exceller on June 28, 2012 at 9:34 AM

9:33

Tom:
The previous record for our live blog was 100,000, on Monday. The previous record for our daily hits was 500,000, also Monday.

canopfor on June 28, 2012 at 9:34 AM

I’ve warned my neighbors I’ll be drunk especially early today if this thing goes the wrong way.

I’ll be in the streets flipping cars like Dewey Cox.

Slade73 on June 28, 2012 at 9:34 AM

Communism or small r republicanism in 26 minutes folks…

mapper on June 28, 2012 at 9:34 AM

In the 10 O’clock hour, it will be all over except for the crying.

Who’ll be crying? That’s the $64,000 question.

JeffWeimer on June 28, 2012 at 9:34 AM

If Obama loses this, he’s going to pitch a hissy fit.

Liam on June 28, 2012 at 9:34 AM

Gettycorn on June 28, 2012 at 9:30 AM

Morning! We need more young people like you.

TXMomof3 on June 28, 2012 at 9:35 AM

I see a win-win for us.

Upheld: Re-energized Tea Party, increased dislike for the law

Struck down: Depression for the left, further neutered Obama

Red Cloud on June 28, 2012 at 9:35 AM

70,000 live blog readers currently. My best bet is 250,000 at the time of the decision. 1 million hits on the blog today.
============================================================

WOW!!!

canopfor on June 28, 2012 at 9:12 AM

Tom: 145,000 on the liveblog

Tom: The previous record for our live blog was 100,000, on Monday. The previous record for our daily hits was 500,000, also Monday.

Breaking records on SCOTUS blog… because of how loved the legislation is I’m sure…

Whatever comes today, I am pleased that the people are at least paying attention. It gives me hope that if Roberts lets us down, it will mean a wave of angry oppressed voters this November.

Gingotts on June 28, 2012 at 9:35 AM

6-3 to uphold. Roberts and Kennedy side side with the four commies. 25 minutes of our remaining freedoms left.

bgibbs1000 on June 28, 2012 at 9:35 AM

66% on intrade now it’s dropping

Conservative4ev on June 28, 2012 at 9:35 AM

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